Principal Area
Secure Visa Payment
Shorter foreclosure periods exists:
1) Foreclosure related to rents, periodic payments and the right to compensation for damages deriving from non-contractual liability is 5 years.
2) Foreclosure for rights deriving from transport and rights that arise from the insurance contract is 1 year.
The law in Italy also foresees the institution of presumptive limitation between 6 months and 3 years. In these cases, with the course of time, it is assumed that the debtor has paid but rebuttal evidence of oath is admitted. However, if the debtor swears he paid, there is no solution. The right of hotelkeepers concerning the accommodation is limited to six months; the right of shop owners to sell goods to those that do not trade them is maximum one year; the right of professionals to their compensation is limited to three years.
The parties CANNOT modify the foreclosure period by mutual agreement.
The foreclosure is interrupted when you submit a request for payment to the debtor by registered mail with acknowledgment of receipt or in using a certified email address. From receipt of such request, a new limitation period begins with equal duration to the original one
If the debtor still don’t pay you can start the judicial phase, if the debt is documented (contract, orders, invoices, delivery note, accounting records, correspondence, etc.). You have to ask to the Court (Justice of the peace up to 5.000 Euros and Court for amounts above) to issue an Order to Pay. Within 30 days the Judge will issue the order and then you have 60 days to notify. After 40 days without opposition the order becomes enforceable.
For debts over 30.000 Euros, you can file for bankruptcy after fruitlessly attempting enforcement against the debtor.